Chapter 3 (New Chapter 44)

Consent order

A voluntary, court-enforceable agreement to pay for damages caused by violations and to cease activities that caused the damages to occur.

Notice-and-Comment Rule Making

Informal rule making. The primary type of rule making used by administrative agencies

Formal Rule Making

Rulemaking by a government agency that is on the record after an opportunity for an agency hearing in accordance with the formal procedures set forth in sections 556 and 557 of the Administrative Procedure Act; usually only done where specifically required by the legislation mandating the agency action.

Interstate Commerce Commission (ICC)

The first federal administrative agency; created to better control the anti-competitive conduct of railroads.

Order

a binding decision made after a hearing (administrative law matters are heard only by the ALJ, as there is no right to a jury page trial in administrative agencies).

subpoena duces tecum

an order to appear and bring specified documents

Privacy Act

A federal agency may not disclose information about an individual to other agencies or organizations without that individual's written consent; applies only to records about individuals maintained by agencies in the executive branch of the federal government

Reg-Neg

A new form of rule-making. Each concerned interest group and the agency itself sends a representative to bargaining sessions led by a mediator. After the parties achieve a consensus, that agreement is forwarded to the agency. The agency is then expected (but is not bound) to publish the compromise as a proposed rule in the Federal Register and follow through with the appropriate rule-making procedures. If it does not agree with the proposal the group negotiated, the agency is free to modify it or promulgate a completely different rule.

Executive Agencies

Agencies generally located within the executive branch, under one of the cabinet-level departments. Often referred to as cabinet-level agencies

Subpoena

An order to appear at a particular time and place and provide testimony

administrative law

Bodies of the city, county, state, or federal government that carry out specific regulatory duties. This type of law consists of the substantive and procedural rules created by these bodies. It governs applications, licenses, permits, available information, hearings, appeals, and decision making.

Policy Statements

General statements about directions in which any agency intends to proceed with respect to its rule-making or enforcement activities. These have no binding impact on anyone; they do not directly affect anyone's legal rights or responsibilities.

Enabling Legislation

Legislation passed by Congress to create administrative agencies, granting them broad powers for the purpose of serving the "public interest, convenience, and necessity."

Administrative Procedures Act (APA)

Passed by Congress in 1946 to limit how agencies are run

substantial evidence

Refers to evidence that a reasonable mind could accept as adequate to support a conclusion, It is defined as "more that a scintilla but less than preponderance" and consists of "such relevant evidence as a reasonable person would accept as adequate to support a conclusion"

Government in Sunshine Act

Requires that agency business meetings be open to the public when a quorum is present and if the agency is headed by a collegiate body. A collegiate body consists of two or more persons, the majority of whom are appointed by the president with the advice and consent of the Senate. The law also requires that agencies keep records of closed meetings.

Freedom of Information Act (FOIA}

Requires that federal agencies publish in the Federal Register places where the public can obtain information from them about how they get and spend their money; statistics and/or information they have collected on a given topic; and any records the government has about the individual seeking information; exemptions include but are not limited to national security, internal agency matters, criminal investigations, financial institutions, and an individual's private life.

Hybrid Rule Making

Rule making that combines features of formal and informal rule making. The starting point is publication in the Federal Register, followed by the opportunity for submission of written comments, and then an informal public hearing with a more restricted opportunity for cross-examination than in formal rule making.

Hybrid Agency

Some of this type of agency do not fall clearly into one classification or the other. Created as one type of agency, they may have characteristics of the other; agency that has characteristics of both executive and independent agencies

administrative agencies

The "fourth branch" of government; administrative agencies (government bodies of the city, county, state, or federal government) governing applications, licenses, permits, available information, hearings, appeals, and decision making. An administrative agency is a body created by the legislative branch (Congress, a state legislature, or a city council) to carry out specific duties. Congress creates administrative agencies through enabling legislation that grants broad powers for the purpose of serving the "public interest, convenience, and necessity."

Federal Register

The official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

Administrative Law Judge (ALJ)

The person who presides over an administrative hearing. This person may attempt to get the parties to settle but has the power to issue a binding decision.

Informal Rule Making

The primary type of rule making used by administrative agencies. Also called notice-and-comment rule making. An agency initiates informal rule making by publishing the proposed rule in the Federal Register, along with an explanation of the legal authority for issuing the rule and a description of how the public can participate in the rule-making process. The Federal Register is the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents.

Independent Agencies

This type agency is governed by a board of commissioners, one of whom is the chair. The president appoints the commissioners of this type agency with the advice and consent of the Senate, but they serve fixed terms and cannot be removed except for cause. Serving fixed terms is said to make the commissioners less accountable to the will of the executive. No more than a simple majority of this type agency can be members of any single political party (if the board consists of seven members, for instance, no more than four may be from the same party). This type agency is generally not located within any department.

Exempted Rule Making

When an Administrative Procedures Act allows an agency to decide whether public participation will occur in proceedings about military or foreign affairs, agency management or staff, and the agency's public property, loans, grants, benefits, or contracts.

Interpretive Rules

rules that explain how the agency views the meaning of the statutes for which it has administrative responsibility